McKay, Ann Marie CC
Subject: Agenda Item 15
From: Mike Beanan
Sent: Monday, March 23, 2026 10:01 AM
To: Orgill, Mark <[email protected]>; Jones, Hallie <[email protected]>; Whalen, Bob <[email protected]>; Kempf, Sue <[email protected]>; Rounaghi, Alex <[email protected]>
Cc: Kiff, Dave CM <[email protected]>; Frimond, Jeremy CM <[email protected]>; McKay, Ann Marie CC<[email protected]>
Subject: Agenda Item 15
Mayor & City Council
March 22, 2026
Agenda Item 15: AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NDES)
STORMWATER PERMIT IMPLEMENTATION AGREEMENT
The ocean is a precious, fragile resource defining Laguna Beach's environment, economy and way of life.
The NPDES Permit renewal represents an opportunity to reduce and eliminate dry season urban runoff flows with known point sources and contaminates to Aliso Creek, the family popular Aliso Beach and Laguna Beach's Marine Protected Areas (MPAs). Unfortunately, with each iteration of the NPDES Permit, dry season urban runoff continues unabated reflecting a pattern of institutional ignorance and chronic environmental neglect.
Historic Stream Flows (Lower Aliso Creek)
Historically, stream flows in lower Aliso Creek during summer months or dry periods have been documented as having little or no flow. In one of the last observations of the tidewater goby in lower Aliso Creek, S. Goldberg (1977) documented his 1974 collecting conditions as: "The mouth of Aliso Creek forms a lagoon which is closed from the ocean most of the time by the beach sand."
As noted in the Aliso and Wood Canyons Wilderness Park Aliso Creek Resource Management Plan (LSA Associates, 2006), Aliso Creek was once an intermittent stream before the region became heavily urbanized, and now flows year-round through the eastern and southern sections of the Park, augmented in recent years by significant increases in upstream urban runoff. Presently, the year-round flows at the mouth of Aliso Creek are always too high to allow formation of a lagoon behind a berm of beach sand as described by Goldberg, above. Aliso Creek Draft IS Rev 3. PDF
1 10001
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Ares-Weighted flom (10)m'ikmn', 5000
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1933 1535 1540 1945 1950 1555 1960 1935 1970 1975 1900 1945 - 1000 1993
Figure 3-1. Total cumulative area-weighted flow volume for Aliso Creek Drainage at Jeronimo gauge (1930-1998). (Source: USACOE 1999a)
In addition, the Final IS-MND indicated conditions within Aliso Creek at that time were not suitable to support tidewater goby due to excess urban water runoff in the creek contributing to regular dry season breaching of the lagoon into the Pacific Ocean at the creek mouth. The Final IS-MND concluded the Original Project would lead to a net benefit to special status species because the diversion would reduce the average flow of Aliso Creek closer to predevelopment levels that sustained suitable aquatic and riparian habitat for special status species, including tidewater goby.
A comment letter submitted by the California Department of Fish and Game (CDFG; now CDFW) on the Draft IS- MND cited a USFWS/CDFG letter commenting on the Aliso Creek Area Plan in which those agencies noted that "Measures incorporated into the project to reduce run-off into the creek from current conditions would be a major milestone towards the restoration of the lagoon to a condition that could support the goby." Water Quality
The County of Orange Resource and Development Management Department report Aliso Creek Watershed Management Plan5 describes the Aliso Creek as follows: "Aliso Creek has been in a state of decline since intense development of the watershed began in the 1960s...The Aliso Creek watershed has been designated by the San Diego Regional Water Quality Control Board (SDRWQCB) as a target watershed for priority water quality enhancement efforts.
Aliso Creek is listed as a Category I Impaired Priority Watershed (Aliso San Onofre, #18070301) in the California Unified Watershed Assessment List (USEPA, 2000). The section of the creek from Aliso Beach to one mile upstream is designated as impaired for high coliform concentrations under the 1998 Clean Water Act Section 303(d). The primary causes of impairment of this watershed are non-point source pollution. Residential and commercial use of fertilizers and pesticides, and pet and waterfowl waste, are most likely the primary contributors to the nutrient and potential storm water toxic impacts and elevated bacteria load. High temperatures also contribute to poor water quality."
Aliso Creek Remains a 303(d) Impaired Water Body
Waterbodies in this Critical Coastal Area that are listed as impaired on the current (2016) Clean Water Act 303(d) list are Aliso Creek (impaired by phosphorus, selenium, toxicity, indicator bacteria, benthic community effects, malathion, and nitrogen); Aliso Creek (Mouth) (impaired by indicator bacteria, and toxicity); Pacific Ocean Shoreline at Aliso Creek Mouth (impaired by indicator bacteria, and toxicity); Pacific Ocean Shoreline at Aliso Beach - Middle (impaired by indicator bacteria); and Wood Canyon (Orange County) (impaired by benthic 2 community effects, diazinon, and selenium). Potential sources of these pollutants, organized by Source Categories, are listed as Agriculture (agriculture); Municipal Wastewater (municipal point sources); Unspecified Nonpoint Source (unknown nonpoint source); Unspecified Point Source (unknown point source); and Source Unknown.
The Aliso Creek Critical Coastal Area (CCA) was identified in 2002 based on the criterion of a coastal watershed where an impaired waterbody on the 2002 Clean Water Act 303(d) list (Aliso Creek, and Aliso Creek Mouth) flows into a state Marine Managed Area (formerly Laguna Beach State Marine Park, now Laguna Beach State Marine Reserve). In addition, this CCA met the 2014 CCA identification criterion of a coastal watershed where an impaired waterbody on the 2010 Clean Water Act 303(d) list (Aliso Creek) flows into a California Marine Protected Area (Laguna Beach State Marine Conservation Area. Aliso Creek CCA Factsheet 2019 Throughout the current NPDES Permit cycle, 3 million gallons of urban runoff from Aliso Creek, a 303(d) Impaired Water Body, flows daily to the ocean and unregulated coastal receiving waters. In long dry Summer season, this can amount to as much as ½ billion gallons of urban runoff discharged annually to the sea and Laguna Beach's MPAS.
Unpermitted Discharges by Unauthorized Individuals
On a routine basis, known and unknown individuals continue to illegally destroy the natural beach sand berm in violation of the California Coastal Act. Hundreds of social media postings have popularized breaching the sand berm including this example:
How a rip current forms when water mixes | Watch
Surfrider Foundation California Policy Manager Jennifer Savage said that as a public resource protected under the California Coastal Act and other local, state and federal laws, "the breaching of Aliso Creek's sand dune alters coastal habitat and may introduce bacterial pollution into the marine environment." The Laguna Beach State Marine Conservation Area is adjacent to Aliso Beach and directly impacted by runoff events from Aliso Creek. The SMCA's prohibited uses state that "it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource" Savage said, unless authorized by the California Department of Fish and Wildlife.
The breaching of the berm, which has been an issue for many decades, is also dangerous. When the creek is full, it creates a river with high velocity that forms a huge rip current and three-to four-foot rapids. Nearly 70 percent of OC Lifeguard rescues at Aliso Beach come from the area where the berm meets the ocean.
Previous posted signage warning the Public of the danger at the beach have been removed. When unauthorized members of the public illegally dig out the beach sand berm, they release 3 million gallons of polluted urban runoff directly into the surf zone. The polluted urban runoff comes from inland over-irrigation, automobile contaminates, herbicides, etc.
Aliso Beach
INFORMATION
Please do not enter creek.!!
Creek contains urban
runoff and may contain
bacteria. Contact may
Refer tr: 0901 3.8.25 a01 3.9.35
The contaminated urban runoff plume migrates up and down the surf zone to threaten the health of unsuspecting families and beach visitors enjoying the waves. Those willing to cross the flowing creek risk infections or being swept out to sea.
A woman and her dog were swept to sea on Saturday, April 20th following an artificial breach of Aliso Creek berm.
Soon after they were rescued by Laguna Beach marine safety. Aliso Creek contains contaminated urban runoff from inland cities; the berm naturally filters the water to remove the contaminants before it enters the ocean.
Artificial breaching exposes beachgoers to these contaminants and causes this obvious public safety hazard.
Watch full video here: https://www.facebook.com/watch/?v=735527138757017 Enforcement, it seems, is part of the problem. The city of Laguna Beach is a co-permittee on the MS4 Permit regulating the watershed discharges to the ocean and Laguna Beach police patrol the Aliso Beach parking lot, issuing parking tickets and dog violations, but refuse to ticket individuals breaching the beach sand berm despite mandates in the Local Coastal Plan.
§ 16.01.040Control of urban runoff.
Compliance with Best Management Practices (BMPs). Every person owning property or conducting an activity or use of premises which cause or contribute to storm water pollution or contamination, prohibited discharges, or non-storm water discharges shall comply with BMP guidelines or pollution control requirements reasonably established by authorized water quality enforcement staff in order to prevent, reduce or remove, to the maximum extent practicable, pollutants from entering the storm water drainage system.
Previously, Savage encouraged Orange County Parks and OC Public Works to take action against the illegal breaching of Aliso Creek. In a letter to Stacey Blackwood, Director of OC Parks and James Treadway, Director of OC Public Works, Savage wrote that the "unpermitted activity of coastal management by lay citizens violates Orange County ordinances and runs afoul of the state coastal management program." In an investigative order, the SDRWQCB concluded the creek discharges that result from beach users breaching the sand bar berm also renders the beach temporarily inaccessible due to the strong force of the released water flow and waves created while the discharge dissipates into the surf zone. "The absence of any regulatory oversight or monitoring of the creek discharge quality when the sand bar berm is breached by the public has also been raised as an issue in the citizen complaints," the order said. "This lack of oversight and monitoring appears 5 to be inconsistent with the public health and safety, environmental protection, and monitoring measures implemented during the authorized sand bar berm maintenance activities periodically conducted by OC Parks" and now by the City.
Families playing in urban runoff at Aliso Beach
Coastal zone management oversight and implementation has been designated to the state through the federal Coastal Zone Management Act, and the state California Coastal Commission in turn designates management to local authorities. Presently, the City of Laguna Beach has abandoned signage and does not ticket offenders.
Unpermitted breaching of the Aliso Beach Sand Berm violates the California Coastal Act, protecting natural coastal landforms and safe public access. Migrating California Grey Whales and young calves, exposed to urban runoff plumes, are frequently observed at the mouth of Aliso Creek in violation of the 1972 Marine Mammal Protection Act.
Two whales spotted at Aliso Beach Sand Berm
Without basic protection by officials, safe public access across the beach is destroyed and the shore water plume with known pollutants can threaten public health and marine mammal protection.
Mitigation Measures
The simple solution at Aliso Beach is to remove the urban runoff as funded in 2012 with the $2.8 million Aliso Creek Water Reclamation Facility. The City added $25,000 to the project and is presently the primary owner of the Coastal Treatment Plant.
City Dedication of the Aliso Creek Water Reclamation Facility Unfortunately, the water district ignored their 2008 EIR determination that natural dry season creek flows are 0-1 cubic feet per second (646,000 gallons per day) not 4.77 cfs (3 million gallons per day) that was incorrectly used to justify abandoning the project. Sloppy science continues to be used to pollute Aliso Beach, threatening public health and inhibiting safe public access to the beach and ocean.
Instead of wasting funds to periodically breach the berm with expensive equipment and personnel, local agencies and the Environmental Protection Agency have an obligation to respect commitments to the public to remove urban runoff flowing to Laguna's Marine Protected Areas and family popular Aliso Beach. As a community, we rely upon the City of Laguna Beach to use the NPDES Permit Process and SDRWQCB authority to require the use of the Best Available Technology to protect some of the best fragile ocean habitats within the San Diego Region.
Alternatively, urban runoff can be pumped inland to the point of origin utilizing the existing Coastal Treatment Plant Sludge Line.
Take Action to Protect Aliso Beach
The renewal of the NPDES Permit must be more than a performative exercise and require measurable actions to eliminate discharges to Laguna Beach's ocean waters. Apathy and intentional ignorance will not advance the protection of public health and ocean water quality. The ocean reamins a precious, fragile resource defining Laguna Beach's environment, economy and way of life. We must do better.
Please revise the present iteration of the NDES Permit to require an actual reduction of inland dry season urban runoff flowing daily to Aliso Beach.
Thank you,
Mike Beanan
South Laguna
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